- Attorney-Client Relationship
- Arrest
- Arraignment and Bail
- Indictments
- Motions to Dismiss
- Bills of Particulars
- Motions to Suppress or Limit Evidence
- Identification Procedures
- Discovery
- Experts
- Preliminary Hearings
- Continuances
- Subpoenas, Notices, and Other Process
- Pleas
- Juries
- Recusals
- Separate Trials
- Sentencing
- Motions to Reconsider
- Expungement of Criminal Records
- Appeals
- Writs of Actual Innocence
- DUI and Other Serious Traffic Offenses
- Juvenile Proceedings
- Capital Murder Cases
- Civil Commitment of Sexually Violent Predators
“The criminal practice forms in this compilation have been authored by experienced practicing attorneys or are based on forms in Virginia’s rules of court. While no book of practice forms can anticipate every situation encountered in representing a client in a particular case, these forms combine legal requirements with actual experience to provide attorneys with examples of many of the pleadings and other documents needed in a criminal practice.” – Peter Roane, Virginia CLE Editor in Chief
With the full range of Virginia CLE’s battle-tested criminal practice forms, you will have at your fingertips the tools to address legal matters ranging from commonplace to unique. Start the process of building the right motion, proposed order, discovery demand, or just about anything the experienced or novice criminal law practitioner might need a form to achieve.
To make it easy to find the form you need, our team of attorneys have organized the forms to trace the life of representation. Plus, the forms are keyword searchable. You can view the full text of a form by clicking on its title, or you may also browse the accompanying print reference book. To tailor a form to your specific matter, simply click on the embedded Microsoft Word file.
The forms have been drawn from the following Virginia CLE publications: Defending Criminal Cases in Virginia (2020), Defense of Serious Traffic Cases in Virginia (2020), Juvenile Law and Practice in Virginia (2018), and Trial of Capital Murder Cases in Virginia (2017).
CHAPTER LIST
- Attorney-Client Relationship
- Arrest
- Arraignment and Bail
- Indictments
- Motions to Dismiss
- Bills of Particulars
- Motions to Suppress or Limit Evidence
- Identification Procedures
- Discovery
- Experts
- Preliminary Hearings
- Continuances
- Subpoenas, Notices, and Other Process
- Pleas
- Juries
- Recusals
- Separate Trials
- Sentencing
- Motions to Reconsider
- Expungement of Criminal Records
- Appeals
- Writs of Actual Innocence
- DUI and Other Serious Traffic Offenses
- Juvenile Proceedings
- Capital Murder Cases
- Civil Commitment of Sexually Violent Predators
CHAPTER 1: ATTORNEY-CLIENT RELATIONSHIP
1.1 Initial Client Interview Checklist
1.2 Fee Agreement Letter
1.3 Memorandum of Advice to Client
1.4 Release of Information Form
1.5 Codefendants’ Conflict Waiver
1.6 Cooperative Defense Agreement
1.7 Motion to Withdraw as Counsel
1.8 Order Permitting Withdrawal as Counsel
CHAPTER 2: ARREST
2.1 Statement of Witness for Arrest Warrant
CHAPTER 3: ARRAIGNMENT AND BAIL
3.1 Questionnaire for Bail Information
3.2 Motion to Set/Reduce Bond
3.3 Motion for Bond After Bail Initially Denied
3.4 Motion to Amend Bond
3.5 Order Amending Recognizance Bond
3.6 Appeal of Bond Determination
CHAPTER 4: INDICTMENTS
4.1 Motion to Dismiss Indictment
CHAPTER 5: MOTIONS TO DISMISS
5.1 Affidavit and Agreement Based Upon Accord and Satisfaction
5.2 Motion to Dismiss Based on Accord and Satisfaction
5.3 Motion to Dismiss—Statute of Limitations
5.4 Motion to Dismiss—Not a Lesser Included Offense
5.5 Motion to Dismiss Indictment on Constitutional Grounds
CHAPTER 6: BILLS OF PARTICULARS
6.1 Motion for a Bill of Particulars Pursuant to Section 19.2-230
6.2 Motion for Bill of Particulars Pursuant to Section 19.2-266.2
CHAPTER 7: MOTIONS TO SUPPRESS OR LIMIT EVIDENCE
7.1 Motion to Suppress; Motion in Limine
7.2 Notice and Motion to Suppress
7.3 Motion to Suppress Unlawful Pat-Down Evidence
7.4 Motion to Suppress—Unlawful Search of Residence
7.5 Memorandum in Support of Motion to Suppress Evidence From Unlawful Search of Residence
7.6 Memorandum in Support of Motion to Suppress Evidence From Unlawful Search of Computer
7.7 Memorandum in Support of Motion to Suppress Evidence From Warrantless Search
7.8 Memorandum in Support of Motion to Suppress Evidence From Unlawful Stop
7.9 Motion in Limine to Prevent Prosecutorial Comment
7.10 Motion in Limine to Prevent Cross-Examination
7.11 Motion to Quash Search Warrant
7.12 Motion in Limine—Introduce Defendant’s Whole Statement
7.13 Motion to Suppress Defendant’s Statements
7.14 Motion to Suppress Statements—Long Form
7.15 Motion in Limine to Preclude Testimony Regarding Collateral Evidence
7.16 Motion in Limine to Exclude 911 Tape
7.17 Motion in Limine to Limit Presentation of Photographs
7.18 Motion to Suppress Statement and Any Evidence Recovered as a Result of Statement by Juvenile Defendant
CHAPTER 8: IDENTIFICATION PROCEDURES
8.1 Motion for Non-Suggestive Identification Procedure
8.2 Motion to Suppress Unduly Suggestive Identification
8.3 Memorandum Based on
New Jersey v. Henderson
CHAPTER 9: DISCOVERY
9.1 Motion for Discovery and Inspection—Short Form
9.2 Motion for Discovery and Inspection—Long Form
9.3 Notice and Motion to Clarify Commonwealth’s Discovery Obligations
9.4 Defendant’s Motion to Compel
CHAPTER 10: EXPERTS
10.1 Motion for Appointment of Experts
10.2 Memorandum in Support of Motion for Appointment of Experts
10.3 Motion for Appointment of Mental Health Expert
CHAPTER 11: PRELIMINARY HEARINGS
11.1 Motion for Closure of Preliminary Hearing
CHAPTER 12: CONTINUANCES
12.1 Motion for Continuance
12.2 Continuance Order
CHAPTER 13: SUBPOENAS, NOTICES, AND OTHER PROCESS
13.1 Subpoena (Rule 3A:12(a))
13.2 Subpoena Duces Tecum (Rule 3A:12(b))
13.3 Petition for Certificate for Out-of-State Witness
13.4 Certificate for Attendance of Out-of-State Witness
13.5 Order to Secure Attendance of Out-of-State Witnesses
CHAPTER 14: PLEAS
14.1 Defendants Pleading Guilty/No Contest-Waiver of Rights Form
14.2 Suggested Questions to Be Put by the Court to an Accused Who Has Pleaded Not Guilty (Rule 3A:8)
14.3 Misdemeanor Proceedings in District and Circuit Courts (Rule 3A:8(b)(2); Rule 7C:6; and Rule 8:18)
CHAPTER 15: JURIES
15.1 Juror Questionnaire
15.2 Motion for Individual and Sequestered Voir Dire
CHAPTER 16: RECUSALS
16.1 Motion for Recusal
CHAPTER 17: SEPARATE TRIALS
17.1 Motion for Separate Trial as to Charges
17.2 Motion for Separate Trial as to Codefendant
17.3 Order Granting Separate Trial from Codefendant
CHAPTER 18: SENTENCING
18.1 Contents of Sentencing Orders
CHAPTER 19: MOTIONS TO RECONSIDER
19.1 Motion to Reconsider
CHAPTER 20: EXPUNGEMENT OF CRIMINAL RECORDS
20.1 Petition of Expungement of Criminal Record
20.2 Order of Expungement
CHAPTER 21: APPEALS
21.1 Notice of Appeal from Trial Court (Rule 5A:6)
21.2 Bond for Costs and Suspension on Appeal
21.3 Affidavit to Withdraw a Criminal Appeal
CHAPTER 22: WRITS OF ACTUAL INNOCENCE
22.1 Petition to the Supreme Court of Virginia for a Writ of Actual Innocence
22.2 Petition to the Court of Appeals of Virginia for a Writ of Actual Innocence Based on Nonbiological Evidence
CHAPTER 23: DUI AND OTHER SERIOUS TRAFFIC OFFENSES
23.1 Client Intake and Interview Forms
23.2 Sample Letter Transmitting Fee Agreement
23.3 Sample Fee Agreement Form
23.4 Motion to Suppress Evidence and Memorandum in Support
23.5 Memorandum in Support of Motion to Suppress
23.6 Notice and Motion for Discovery
23.7 Order for Discovery
23.8 Defendant’s Motion to Compel Discovery
23.9 Motion for Bill of Particulars (General District Court)
23.10 Motion for Bill of Particulars (Circuit Court)
23.11 Objection to Introduction of Certificate of Analysis
23.12 Sample Letter to Department of Forensic Science
23.13 Sample Closing Letter (Long Form)
23.14 Sample Closing Letter (Short Form)
CHAPTER 24: JUVENILE PROCEEDINGS
24.1 Letter to Client’s Parent or Parents When Client Is Detained
24.2 Letter to Client’s Parent or Parents When Client Is Free
24.3 Initial Client Interview Form
24.4 Initial Parent Interview Form
24.5 Medical Records Release
24.6 Request and Authorization for Educational Records
24.7 Sample Transfer/Social History Report
24.8 Sample Evaluation Summary
24.9 Example of Psychological Evaluation
24.10 Sample Substance Abuse Evaluation
24.11 Petition Pursuant to § 16.1-285.1(F)
24.12 Serious Offender Progress Report
CHAPTER 25: CAPITAL MURDER CASES
25.1 Motion for Change of Venue
25.2 Memorandum in Support of Motion for Change of Venue
25.3 Motion for a Bill of Particulars
25.4 Memorandum in Support of Motion for a Bill of Particulars
25.5 Motion for Discovery and Inspection
25.6 Memorandum in Support of Discovery Motion
25.7 Motion for Appointment of Expert Investigator
25.8 Memorandum in Support of Motion for Appointment of an Expert Investigator
25.9 Motion for Appointment of an Expert on Conditions of Incarceration and/or to Proffer
Evidence on Conditions of Incarceration
25.10 Memorandum in Support of Motion for Appointment of an Expert on Conditions of Incarceration
25.11 Memorandum of Law Regarding Defendant’s Right to Make Ex Parte Applications
25.12 Motion for Individual and Sequestered Voir Dire
25.13 Memorandum in Support of Motion for Individual and Sequestered Voir Dire
25.14 Motion for Additional Peremptory Challenges
25.15 Memorandum in Support of Motion for Additional Peremptory Challenges
25.16 Motion to Dismiss Jury and Re-Impanel Venire
25.17 Motion in Limine to Have the Defendant Presented in the Courtroom Not in Handcuffs and Jail Uniform
25.18 Motion in Limine to Limit the Presence of Law Enforcement Personnel in the Courtroom
25.19 Motion to Enjoin Law Enforcement Officers from Wearing Uniforms in Courtroom While Sitting as Spectators, or Grant Other Appropriate Relief
25.20 Memorandum of Law in Support of Motion to Enjoin Law Enforcement Officers from Wearing Uniforms in the Courtroom as Spectators
25.21 Motion to Declare the Virginia Capital Murder and Death Penalty Statutes Unconstitutional
25.22 Memorandum in Support of Defendant’s Motions to Declare the Virginia Capital Murder and Death Penalty Statutes Unconstitutional and to Prohibit the Imposition of the Death Penalty
CHAPTER 26: CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS
26.1 Respondent’s First Interrogatories and Request for Productions of Documents
26.2 Petitioner’s Response to Discovery Order
26.3 Discovery Order
26.4 Sexually Violent Predator Evaluation
